Latest News 2013 September Eye Witness Testimony Used as Key Evidence in Home Invasion Case

Eye Witness Testimony Used as Key Evidence in Home Invasion Case

A man has been found guilty on home invasion charges, after key evidence was introduced that had been captured from his cellular phone records, as reported by the Douglas County Sentinel.

J.P., 24, faced charges stemming from a 2011 home invasion that included two counts of aggravated assault, two counts of false imprisonment, hindering an emergency telephone call and three counts of criminal attempt to commit a felony.

J.P. allegedly gained access to a home on Marsh Avenue in Lithia Springs by breaking though a basement window and then kicking through a door to the upstairs living area. An elderly woman and her caretaker were the only inhabitants in the home.

The victims were threatened at gunpoint – one was nearly raped – and then J.P. allegedly emptied the contents of a Bible bag belonging to one of the women, asked then for cash and credit cards. He allegedly found nothing of value.

J.P. then used his cellular phone to call another person, tell that person that he was at the wrong house and then dashed out. J.P. was later named as the gunman and R.S., 22, was named as a party to the crime. Charges against R.S. were later dropped. Authorities are looking for another man, J.D., who has been identified as the driver of the getaway car.

Assistant District Attorney Bonnie Smith showed a map of cell phone towers to jurors and made the comment, "Ping, ping, ping all the way home" in reference to the cell phone records they collected from J.P.'s phone.

The cell phone records placed J.P. near the Marsh Avenue residence. One "ping" occurred 1.7 miles from the victim's home.

In a tape that recorded J.P. from jail, he was heard telling a visitor that his cell phone pinged as he was visiting another person near the victim's home.

In more cellular evidence, the jail video tied him to a name that is associated with cell phone records: "moneymal." J.P. admitted that it a nickname that he uses.

Tom West, J.P.'s attorney, told jurors to ignore the cellular evidence presented in court as it isn't considered reliable. West further argued that the Douglasville Police Detective J.S. did not properly investigate the case.

Both victims said that the perpetrator had dark brown skin. West stated that his client doesn't have that color skin. Furthermore, the victims said that the man that broke into their home wore a hoodie. West said his client, whose hair is worn in dreadlocks, wouldn't be able to keep a hoodie on very well.

It took jurors a full day to deliberate and then return their verdict of guilty the following morning. Judge David T. Emerson presided over the case in Superior Court.

An attorney will help you through every step of the way in managing your defense in court if you have been charged with a crime. Contact a criminal defense attorney to give you the best help right away!

Categories: Theft Crimes, Burglary, robbery

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